# Corrigan Consulting, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 10-0224
- **title:** Corrigan Consulting, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2010-12-21
- **effective on:** Not available
- **summary:** 10-0224 response to Corrigan Consulting, Inc. concerning 173.136, 173.22.
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- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-10-0224
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100224.pdf
**body:**

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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
DEC 2 1 2010 1 200 New Jersey Ave. SE
Washington. D.C. 20590
Mr. Wendell Honeycutt
Corrigan Consulting, Inc.
12000 Aerospace Ave., Suite 450
Houston, TX 77034
Ref. No.: 10-0224
Dear Mr. Honeycutt:
This responds to your October 12,2010 letter requesting clarification of the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180). You describe an animal food product containing
phosphoric acid and sulfuric acid and a pH < 2. You state that the product does not meet the
definition of a hazardous substance, hazardous waste, or marine pollutant, as defined in § 171.8.
Further, your preliminary analysis of available data on the product leads you to believe that it may
meet the definition of a Class 8 (Corrosive) material because it may be corrosive to steel and
aluminum. You indicate that the animal feed product has not been tested to determine if it causes full
thickness destruction of human skin. Specifically, you ask if the material described in your letter
meets the definition of a hazardous material, more specifically a Class 8 (Corrosive) material, under
theHMR.
Section 173.22 requires a shipper to properly class and describe a hazardous material for
transportation in commerce. This Office does not perform that function. A Class 8 (Corrosive)
material is defined as a liquid or solid that causes full thickness destruction ofhuman skin at the site
ofcontact within a specified period oftime. A liquid, or a solid that may become a liquid during
transportation, that has a severe corrosion rate on steel or aluminum is also a Class 8 (Corrosive)
material. See § 173.136. Your letter does not include sufficient information or data on the animal
feed product to determine ifthe material meets the definition ofa Class 8 (Corrosive) material under
the HMR. Ifyour assertion that the material is corrosive to steel or aluminum (see § 173.137(c)(2))
is correct, you then may be eligible for the exception in § 173.154( d). The exception states that a
material that is a Class 8 (Corrosive) material solely because of its corrosive effect on aluminum or
steel is not subject to the HMR if: (1) it is transported by highway or rail in a bulk packaging
constructed ofmaterial that will not react dangerously with or be degraded by the corrosive material;
(2) it does not meet the definition of any other hazardous class; and, (3) it does not meet the
definition of a hazardous substance, a hazardous waste, or a marine pollutant, as defined in § 171.8.
I trust this satisfies your inquiry. Please contact us ifwe can be offurther assistance.
Sincerely,
15U>. Sufi-
Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

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CORRIGAN CONSULTING, INC. . . I ~ JI ~ ./ p ,
12000 Aerospace Ave., Suite 450 ~r/III /1 ht h'-lu / Q, lCt $i+",ca.:hoYJ
Houston, Texas 77034 LIIl :J. II
(281) 922-4766 • Fax (281) 922-4767 . Octo ber 12, 2010 {O - 0 G -Z 7
Certified Mail
Return Receipt Requested
Mr. Charles E. Betts
Chief, Standards Development
u.s. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
Office ofHazardous Materials Standards
Mail Code: PHH-lO
1200 New Jersey Ave., SE
Washington, DC 20590
Re: Hazardous Materials Classification and Exemptions
Liquid Animal Feed Products Shipped nn Bulk
Dear Mr. Betts:
On behalf of a client, Corrigan Consulting, Inc. (CCI) is requesting an evaluation from
the Pipeline and Hazardous Materials Safety Administration (PHMSA) regarding the
applicability of hazardous materials requirements (Title 49 CFR Parts 105 to 180) to the
transportation of liquid animal feed products. Our questions concern whether the animal
feed meets the definition of hazardous materials as defined in 49CFR171.8 and whether
there are any exemptions or exclusions that apply if the animal feed is considered a
hazardous material.
The feed product has a pH that is <2 and contains phosphoric acid and sulfuric acid at
levels that, when transported, would be below the hazardous substance reportable
quantity., The feed product may be corrosive to steel and aluminum. The animal feed is
shipped in bulk by tanker truck to distributors..
On behalf of our client, CCI has reviewed the regulatory requirements under 49 CFR
Parts 172 and 173. The animal feed product was evaluated to determine whether it is
classified as a hazardous material by reviewing the definition of hazardous materials at
49 CFR 171.8 and by reviewing the defming criteria for hazard classes in 49 CFR 173,
specifically Class 8 compounds in 49CFR173.136. ·According to this citation, a corrosive
material is a material that causes full thickness destruction of human skin or is corrosive
to aluminum or steel unless experience or data indicates that the material is less
hazardous than indicated by testing results. Our first question concerns whether the
animal feed product meets the definition of a Class 8 material and subsequently a
hazardous material since it is designed and manufactured as a product that is fed to
animals. Experience in the use of this animal feed product indicates that it is not
hazardous to animals which consume it or to humans which consume animal products.
In the event that the animal feed is classified as a Class 8 material, we have evaluated
exceptions that may apply to animal feed products. CCI identified several regulatory
exceptions, most of which do not appear to apply to this animal feed product for various

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CORRIGAN CONSULTING, INc.
reasons. These exceptions include §173.5, §173.6, and §172.500 of Title 49. CCl has
identified one exception that may apply to animal feed products provided that tlle
exception criteria can be met. Under 40CFR172.l01, Hazardous Materials Table,
exception 49CFR173.154 is listed for several corrosive materials. The first two
exceptions under 49CFR173.l54(b) and (c) do not appear to apply to the animal feed
product due to quantity limitations.
However, CCl believes that the exception in 49CFR173.154(d) may apply to the animal
feed product. According to this exception, it is applicable if the material is not a
hazardous substance, a hazardous waste, or a marine pollutant and the material is
classified as a Class 8, Group III material solely because it is corrosive to steel or
aluminum. Based on our review of information for the animal feed product, it is not
classified as a hazardous waste or marine pollutant and it is not a hazardous substance
since it is a mixture that has less than the concentrations of hazardous materials listed
under the definition of hazardous substance in 49CFR171.8. At this time, no skin tissue
testing information is available to determine whether the animal feed is corrosive to skin.
If testing is perfOlmed and demonstrates that the material is not corrosive to skin tissue as
outlined in 49CFR173.l37(c)(2), CCl believes that the animal feed product is exempt
fi'om the hazardous materials requirements under Title 49 CFR Parts 105 to 180.
We are requesting written concurrence on the applicability of the hazardous materials
requirements, whether the animal feed meets the definition of a hazardous material, and
whether any exceptions or exemptions apply to the transportation of the previously
described animal feed. If you have any questions regarding this matter, please contact me
at (281) 922-4766 or at wendallh@conigan-consulting.com.
Sincerely,
Wend all Honeycutt, P.G.
Senior Technical Associate
WBH
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12000 Aerospace Ave., Suite 450· Houston, Texas 77034. (281) 922-4766
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